Turning Human Rights Upside Down

JNS.org – Two recent developments suggest that a concerted effort is underway to reframe the international human-rights architecture that emerged from World War II, by shifting the focus away from freedom of conscience to “economic, social and cultural rights,” and by redefining what is meant by the term “genocide.” These shifts may well herald a new era that will see authoritarian states like China and Iran hauling liberal democratic nations before the International Court of Justice and the International Criminal Court with allegations of systemic human-rights abuse, with Israel especially—as a democratic state surrounded by foes seeking its elimination—serving as a convenient and frequent target.

The United Nations co-hosted a human-rights conference last week with the Chinese regime in the city of Huangzhou. The idea of China as a beacon of human rights is, of course, more worthy of a headline in a satirical magazine than as a serious proposition, but the very fact that a regime that received a 9/100 “Not Free” rating in the most recent Freedom House global survey can be taken at face value is a disturbing sign of how far international institutions have strayed from an agenda that stresses democratic, accountable institutions and individual freedom as the bedrock of any human-rights regimen.

In his speech to the conference, Chinese Foreign Minister Wang Yi emphasized that China had made great strides in its pursuit of “economic, social and cultural rights,” effectively excluding from consideration those areas on which Beijing was criticized by Freedom House: the ubiquitous presence of the ruling Chinese Communist Party (CCP) in the daily lives of citizens, the absence of a free media and the expunging of civil society—those groups and associations that function free of state interference. Wang was enthusiastically backed up in this assertion by Volker Turk, the Austrian diplomat who heads the UN’s Human Rights Council, a body that has spearheaded some of the loudest and most outlandish accusations against Israel over the past year, and which still retains an annual agenda item focused on supposed abuses by Israel and no other state.

The underlying concept here is that human rights should be grounded in “state development,” realized through rising salaries, anti-poverty initiatives and state-provided housing. Theoretically, it’s perfectly possible for a state to make progress on these goals while denying its citizens basic civil and political rights. China has now elevated this approach into a state doctrine, leaning on other states, particularly in the developing world, to follow suit.

The eminent historian of ideas Isaiah Berlin proposed a critically important distinction between “negative liberty” and “positive liberty.” Negative liberty accents the right of individuals to live free from state interference in matters of conscience, assembly and life choices. Positive liberty subordinates the individual to the state, presenting freedom as the right of the state as an independent collectivity to set developmental goals whereby living standards rise—though there is no guarantee of that—in exchange for women and men submitting to its authority in those decisions that, in liberal democratic states, would be theirs alone.

One might reasonably argue that the ideal state fuses elements of both negative and positive liberty so that individuals can exercise freedom of religion while receiving a state-subsidized education. But that’s not what China has done. Instead, over the last couple of decades, China’s ruling Communists have lifted the great majority of the population out of poverty while becoming more repressive politically to the point of brutally punishing entire minorities, like the mainly Muslim Uyghurs in the northwest, with the goal of homogenizing what is an ethnically and religiously diverse population.

The US State Department, among others, has described China’s persecution of the Uyghurs as a “genocide,” but any mention of their plight, which includes more than 1 million Uyghurs interned in concentration camps, was absent from the U.N.-sponsored parley in Huangzhou. At the same time, the understanding of the term “genocide” that has prevailed since the Genocide Convention came into force in 1951 is now under threat, which potentially means that states like China, which commit this crime, will escape scrutiny, while those that do not, like Israel, will find themselves in the dock.

In its latest report on Israel and the Palestinians, which falsely depicted Israel’s war against the Hamas rapists and killers in the Gaza Strip as a war of extermination directed at all Palestinians, Amnesty International complained that the Genocide Convention was inadequate, claiming that it doesn’t account for the fact that states can invoke national security to mask their genocidal intentions. That argument has now been taken up by the Republic of Ireland, which has become a veritable cauldron of anti-Zionist antisemitism in the 14 months since the Hamas-led atrocities in southern Israel on Oct. 7, 2023.

Announcing Dublin’s decision to support the specious case against Israel brought by South Africa to the International Court of Justice, Irish Foreign Minister Micheál Martin advocated for a revision of the legal understanding of genocide, arguing that “a very narrow interpretation of what constitutes genocide leads to a culture of impunity in which the protection of civilians is minimized.” Put another way, if your enemy is a terrorist organization that deliberately hides its weapons and its fighters among civilians, you risk being accused of genocide if you deploy your military in response to their attacks. Were the mass murderer Yahya Sinwar, who met his fate at the hands of the Israel Defense Forces in Gaza, still alive, there is little doubt that he would regard that evolution of understanding as among the greatest of his achievements.

The Jewish experience of antisemitism has been described as a pattern that progresses from “you have no right to live among us as Jews” to “you have no right to live among us,” and ultimately, to “you have no right to live.” That same pattern can, more or less, be applied to the cases of genocide since World War II. In Rwanda in 1994, for example, the largely defenseless Tutsis were the subjects of all sorts of demonic conspiracy theories depicting them as “cockroaches” as the period of mass killing during the summer months of that year approached.

Were such a genocide to repeat itself now, its practitioners would be well advised to depict themselves as a state authority pursuing the laudable goal of collective social development, criticizing the existing Genocide Convention as a product of Western imperialist thinking about human rights that allows countries like Israel—and, by extension, the United States and other nations with democratic constitutions that limit the various powers of the state—to escape the charge. And yet, as we hurtle towards this outcome, our own leaders remain excruciatingly silent on the fundamental threat this approach poses to our liberties and our values.

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